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No.5 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Huang Jin (a case of legally taking into custody)
最高法院发布严格规范减刑、假释、暂予监外执行典型案例之五:罪犯黄谨依法收监案
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No.5 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Huang Jin (a case of legally taking into custody) 

最高法院发布严格规范减刑、假释、暂予监外执行典型案例之五:罪犯黄谨依法收监案

- Legally taking into custody a criminal for whom the circumstances of temporary execution outside prison have disappeared —对暂予监外执行情形消失的罪犯,依法收监执行

(1) Basic Facts (一)基本案情
Criminal Huang Jin, male, was original General Manager of Shanghai Haibo Mingwei International Logistics Co., Ltd. It was determined in the original judgment that Huang Jin illegally occupied public properties of over 1.13 million yuan in total by taking advantage of his position. On March 29, 2013, the People's Court of Xuhui District, Shanghai Municipality sentenced Huang Jin to imprisonment of eight years with confiscation of his personal property of 60,000 yuan for the crime of corruption. After the judgment came into force and Huang Jin was delivered to the execution organ for execution of his sentence, it was identified by the General Hospital of Shanghai Prison that Huang Jin was suffering from a serious disease and it was inappropriate to take him into custody and execute the penalty. The Detention House of Xuhui District, Shanghai Municipality proposed that Huang Jin should be subject to temporary service of sentence outside prison. Upon review, the People's Court of Xuhui District made a decision on Huang Jin's temporary service of sentence outside prison, effective from April 9, 2013 to April 8, 2014. In April 2014, the execution organ, Justice Bureau of Minhang District, Shanghai Municipality, raised a proposal for taking into custody and the procuratorial authority, People's Procuratorate of Minhang District, identified Huang Jin's conditions and issued opinions. 罪犯黄谨,男。原上海海博名威国际物流有限公司总经理,原审认定其利用职务便利,非法占有公共财物共计人民币113万余元。2013年3月29日上海市徐汇区人民法院以贪污罪判处黄谨有期徒刑八年,并处没收个人财产人民币60000元。判决生效交付执行时,上海市监狱总医院鉴定黄谨患有严重疾病,不宜收监执行刑罚。上海市徐汇区看守所建议对其暂予监外执行。徐汇区人民法院审查后对黄谨作出暂予监外执行决定,执行期间自2013年4月9日起至2014年4月8日止。2014年4月,执行机关上海市闵行区司法局提出收监执行建议,检察机关闵行区人民检察院对黄谨进行鉴定并出具了意见。
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